This is a summary of the Off-Track Vehicle Accident Benefit agreement and amendments. This benefit
was first obtained in 1968 / 1969, and modified in the 1978 National Agreement and further in the
2002 / 2003 National Agreements. It is provided to make you and your family aware of a benefit provided
by your union negotiated agreement.

These agreements provide:

ARTICLE XI – PAYMENTS TO EMPLOYEES INJURED UNDER CERTAIN CIRCUMSTANCES
Where employees sustain personal injuries or death under the conditions set forth in paragraph
(a) below, the carrier will provide and pay such employees, or their personal representative, the applicable
amounts set forth in paragraph (b) below, subject to the provisions of other paragraphs in this
article.
(a) Covered Conditions:
This article is intended to cover accidents involving employees covered by this agreement
while such employees are riding in, boarding, or alighting from off-track vehicles authorized by the carrier
and are
(1) deadheading under orders or
(2) being transported at carrier expense.
(b) Payments to be Made:
In the event that any one of the losses enumerated in subparagraphs (1), (2) and (3) below
results from an injury sustained directly from an accident covered in paragraph (a) and independently of
all other causes and such loss occurs or commences within the time limits set forth in subparagraphs (1),
(2) and (3) below, the carrier will provide, subject to the terms and conditions herein contained, and less
any amounts payable under Group Policy Contract GA-23000 of the Travelers Insurance Company or
any other medical or insurance policy or plan paid for in its entirety by the carrier, the following benefits:

SECTION 1
Paragraph(b)(1) – Accidental Death or Dismemberment of the above-referenced Agreement
provisions is amended to read as follows:
(1) Accidental Death or Dismemberment
The carrier will provide for loss of life or dismemberment occurring within 120 days
after date of an accident covered in paragraph (a):
Loss of Life $300,000
Loss of Both Hands $300,000
Loss of Both Feet $300,000
Loss of Sight of Both Eyes $300,000
Loss of One Hand and One Foot $300,000
Loss of One Hand and Sight of One Eye $300,000
Loss of One Foot and Sight of One Eye $300,000
Loss of One Hand or One Foot or Sight of
One Eye $150,000
“Loss” shall mean, with regard to hands and feet, dismemberment by severance
through or above wrist or ankle joints; with regard to eyes, entire and irrecoverable loss of sight.
No more than $300,000 will be paid under this paragraph to any one employee or his
personal representative as a result of any one accident.
(2) Medical and Hospital Care
The carrier will provide payment for the actual expense of medical and hospital care
commencing within 120 days after an accident covered under paragraph (a) of injuries incurred as
a result of such accident, subject to limitation of $3,000 for any employee for any one accident, less
any amounts payable under Group Policy Contract GA-23000 of the Travelers Insurance Company
or under any other medical or insurance policy or plan paid for in its entirety by the carrier.

Section 2
Paragraph (b)(3) – Time Loss of the above-referenced Agreement provisions is amended to
read as follows:
“(3) Time Loss
The carrier will provide an employee who is injured as a result of an accident covered
under paragraph (a) commencing within 30 days after such accident 80% of the employee’s basic
full-time weekly compensation from the carrier for time actually lost, subject to a maximum payment
of $1,000.00 per week for time lost during a period of 156 continuous weeks following such
accident provided, however, that such weekly payment shall be reduced by such amounts as the
employee is entitled to receive as sickness benefits under provisions of the Railroad Unemployment
Insurance Act.”
Section 3
Paragraph(b)(4) – Aggregate Limit of the above-referenced Agreement provisions is amended
by raising such limit to $10,000,000.
(c) Payment in Case of Accidental Death:
Payment of the applicable amount for accidental death shall be made to the
employee’s personal representative for the benefit of the persons designated in, and according to the
apportionment required by the Federal Employers Liability Act (45 U.S.C. 51 et seq., as amended),
or if no such person survives the employee, for the benefit of his estate.
(d) Exclusions:
Benefits provided under paragraph (b) shall not be payable for or under any of
the following conditions:
(1) Intentionally self-inflicted injuries, suicide or any attempt there at, while sane or insane;
(2) Declared or undeclared war or any act thereof;
(3) Illness, disease, or any bacterial infection other than bacterial infection occurring in consequence
of an accidental cut or wound;
(4) Accident occurring while the employee driver is under the influence of alcohol or drugs,
or an employee passenger who is under the influence of alcohol or drugs who in any way contributes
to the cause of the accident; (5) While an employee is a driver or an occupant of any conveyance engaged in any race or
speed test;
(6) While an employee is commuting to and/or from his residence or place of business.
(e) Offset:
It is intended that this Article XI is to provide a guaranteed recovery by an employee
or his personal representative under the circumstances described, and that receipt of payment
thereunder shall not bar the employee or his personal representative from pursuing any remedy
under the Federal Employers Liability Act or any other law; provided, however, that any amount received
by such employee or his personal representative under this Article may be applied as an offset
by the railroad against any recovery so obtained.
(f ) Subrogation:
The carrier shall be subrogated to any right of recovery an employee or his
personal representative may have against any party for loss to the extent that the carrier has made
payments pursuant to this Article.
The payments provided for above will be made, as above provided, for covered accidents
on or after September 1, 1968.

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Cases

Am insurance bad faith verdict. A man and his wife were sitting in their parked pickup truck when they were struck and injured by a taxicab.

Yaeger & Jungbauer Barristers, PLC is located in St. Paul, MN and serves clients in and around Willernie, Circle Pines, Saint Paul, Hugo, Anoka County, Ramsey County, and Nationwide.

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